Rules for Interpretation of District Boundaries. Zoning districts are bounded and defined as shown on a map entitled "Official Zoning District Map" for Eudora, Kansas, adopted as a part of this Article and certified and available in the office of the city clerk, which with all explanatory matter thereon is made a part of this Article. The zoning map shall be kept and maintained on file with the city clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.
Where uncertainty exists with respect to the boundaries of any of the aforesaid zoning districts, the following rules shall apply:
(1) Where district boundaries on the zoning map are indicated as approximately following the centerlines of streets, highway, or railroads, such boundaries shall be deemed to be located at such midpoints.
(2) Where district boundaries are so indicated that they approximately follow lot lines or section lines, such lines shall be construed to be the boundaries.
(3) Where the boundary of a district follows a stream, lake or other body of water, the boundary line shall be deemed to be at the limit of the jurisdiction of the county and/or the respective cities, unless otherwise indicated.
(4) All territory which may hereafter be annexed and included within the zoning jurisdiction of the city shall be governed by and subject to the requirements of the RA Agriculture District until such time as the official zoning district map be amended to include such territory in other districts.
The City of Eudora hereby adopts zoning definitions as published in Lehman's Zoning Trilogy, PO Box 27015, Barrie, Ontario, CANADA L4M 6K4, as the zoning definitions when interpreting these regulations; except that, the following definitions shall apply if not found in said published source, or if in duplicate with such source.
Accessory Building: A detached subordinate building, located on the same lot with the main building, the use of which is incidental to the main building or to the main use of the premises.
Accessory Use: A use which is customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.
Adaptive Reuse: An office/institutional reuse of an existing non-residential structure, which adaptations requires no increase of the exterior structural bulk by more than ten percent, or of any minimum lot line setback.
Agriculture, General: The use of land for agricultural purposes on parcels greater than 40 acres.
Agriculture, Limited: The use of land for the production of row crops, field crops, tree crops or timber.
Apartment: A room or suite of rooms in a multiple dwelling or where more than one living unit is established in any building, intended, designed, used or suitable for use by one or more persons as a place of residence with culinary accommodations.
Applicant: The owner or duly designated representative of land proposed to be subdivided, or for which a special permit, amendment, variance, construction permit, or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.
Auditorium or Stadium: An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.
Board of Zoning Appeals: The board of zoning appeals shall have the same purpose, powers and authority as the zoning board of appeals as established by the Kansas Statutes.
Boat: A small vessel for travel on water.
Boat Trailer: A trailer designed with cradle-type mountings to transport a boat and configured to permit launching of the boat from the rear of the trailer.
Carport: A covered structure used to offer limited protection to vehicles, primarily automobiles, from the elements. The structure can either be free standing, attached to a wall, or an integral part of a larger structure (e.g. dwelling unit or detached garage) and is open on at least two sides. Additionally, the carport can be:
1. Permanent in design and construction and built as part of the main structure or detached garage, thereby requiring a building permit.
2. Prefabricated and manufactured off-site. Although this type of carport may be attached to the main structure, detached garage, and/or ground in a way that does not require a building permit, a carport permit is still required.
City Clerk: The city clerk of the City of Eudora, Kansas.
City, the: The City of Eudora, Kansas.
Codes Administrator. The Codes Administrator shall have the authority, responsibilities and duties of the City Planning and Zoning Administrator, Building Inspector and Codes Enforcement Officer to administer the Planning and Zoning Regulations of the City and other such duties as may be given him or her by the governing body.
Common Open Space: An area of land or water planned for passive or active recreation such as swimming pools or tennis courts but not including roadways.
Comprehensive Plan: The plan adopted by the Planning Commission and co-adopted by the City Council which through text, charts and maps establishes policies for general locations of land uses including streets, parks, schools, public buildings, and utilities; and related uses as prescribed by statute.
Conversion Van: A passenger van converted to include basic temporary living quarters and generally considered to be the smallest version of the fully enclosed motor home. They are constructed on a van chassis that may have elevated roof lines but no modifications to the length or width of the original chassis. Heights of seven (7) to eight (8) feet and lengths of seventeen (17) to nineteen (19) feet are common.
Dedication: Intentional transfer by the developer to the public of ownership of, or an interest in, land for public purpose. Dedication may be effected by compliance with statutes relating to dedication of land, by formal deed by conveyance, or by any other method recognized by the laws of the State of Kansas.
District: A section or sections of the city, as designated on the Eudora Zoning Map, specifically declared within which the regulations governing the use of buildings and premises are uniform.
Dwelling: Any building or portion thereof which is designed or used primarily for residential purposes.
Dwelling, Apartment House: A building or portion thereof intended, designed, used or suitable or use as a residence for three or more families living in separate apartments.
Dwelling, Assisted Living: Multifamily dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group housing, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
Dwelling, Single-family: A detached building or portion thereof designed for or occupied exclusively by one family including a Group Home as defined in this Section and including a residential-designed manufactured home.
Dwelling Two Family or Duplex: A building or semi-detached building or portion thereof on a single lot, designed or occupied exclusively by two families living independently of each other.
Dwelling Multifamily: A building or portion thereof designed with accommodations for or occupied by three or more families living independently of each other who may or may not have joint services or facilities or both. The term includes dormitories and lodging and rooming houses.
Dwelling Unit: A building or portion of a building that contains living facilities for not more than one family and that includes provisions for sleeping, cooking, eating and sanitation.
Dwelling, Townhouse: A dwelling unit located in a group of three or more attached townhouse dwelling units with no other dwelling unit located above or below another and with each dwelling unit having at least one interior common wall and a private exterior entrance.
Townhouse Structure: A grouping of three or more townhouses.
Townhouse Site: A townhouse, the total land area beneath the townhouse and the facilities associated with the townhouse.
Enclosed Building: The primary structure or a detached garage fully enclosed by walls and a roof, with any openings covered by installed windows or doors.
Family: An individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
Fifth-wheel Trailer: A trailer designed to be affixed to, and towed by, a truck equipped with a special hitch in the truck bed.
Floodplain: Land adjacent to a watercourse subject to inundation from a flood having a chance occurrence in any one year of one percent.
Folding Camper Trailer: A light-weight unit with sides that collapse for towing or storage, and is sometimes referred to as a fold-down camper, pop-up trailer or tent trailer.
Full Size Van: A larger version of a minivan, built on a truck frame, and having a seating capacity of up to twelve (12) persons, or having no rear seating and used for carrying cargo, ordinarily having a wheelbase of 135 inches.
Funeral Home: An establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.
Governing Body. The City Commission and Mayor of Eudora, Kansas.
Group Home. Any dwelling occupied by not more than 10 persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this state.
Hard Surfaced Road: An all weather surface improved with asphalt, concrete, asphaltic concrete or similar material designed to City of Eudora street standards.
Hauling Trailer: Every vehicle without motive power designed to carry property and to be drawn by a motor vehicle, excluding a boat trailer with a boat on it.
Height of buildings and structures: The vertical distance from the average ground level abutting a building or structure to the highest point of a building or highest point of any permanent part of a structure other than a building. Height, where not regulated by feet, shall be regulated by stories and a story shall be equal to twelve (12) feet for purposes of measuring structures other than buildings.
Home Occupation shall mean any occupation, profession or craft which is clearly incidental to the use of the premises in which it is located as a dwelling place and which meets other requirements of these regulations.
Land Disturbance: Change of the land surface, including removing vegetative cover, excavation, filling, grading, and the construction of any structure. Such change shall not include agricultural activities such as planting, growing, cultivating, and harvesting of crops, or growing and tending of gardens, or harvesting of trees; or landscape modifications.
Loading Space: A space having a minimum dimension of 10 feet by 25 feet and a vertical clearance of 14 feet, within the main building or on the same lot providing for the standing, loading or unloading of trucks.
Lot. Any parcel of land occupied or intended for occupancy by one main building together with the accessory buildings and customary uses incident thereto, including the open space required by this Article.
Lot Area. The total horizontal area within the lot lines of a lot, .exclusive of any existing or future right-of-way, i.e. net site area.
Lot, Corner or External. A lot abutting upon two or more streets at their intersection and shall be deemed to have a front yard on that street on which the lot has its least dimension, unless otherwise specified by the codes administrator. Corner or external lots with street frontage of equal dimensions may have a front yard on either street according to the wishes of the owner so long as the minimum requirements of this Article are observed.
Lot, Depth of. A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
Lot, Double Frontage. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
Lot, Internal. Any lot which does not constitute a corner or external lot.
Lot Line, Front External. A boundary line of a lot which coincides with a street boundary line.
Lot Line, Side Internal. A boundary line of a lot which does not coincide with a street boundary line.
Lot Line, Rear Internal. A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded with the city and in the office of the Douglas County register of deeds, or a lot described by metes and bounds the description of which has been recorded with the city and in the office of the Douglas County register of deeds.
Lot, Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
Lot, Zoning: A parcel or tract of land used, developed or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record or any combination thereof.
Manufactured Home. A structure that is transportable in one or more sections, that, when in traveling mode, is eight body feet or more in width and 40 body feet in length, and, when erected on site, is 640 or more square feet and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; and complies with the federal manufactured home construction and safety standards that have been established pursuant to Section 4 of the National Manufactured Housing Construction and Safety Standards Act of 1974, codified, as amended, at 42 U.S.C. § 5403.
Manufactured Home, Residential-Design. A manufactured home which satisfies the following additional criteria:
1. The manufactured home shall have minimum dimensions of 22 feet in width and 40 feet in length;
2. The pitch of the roof of the manufactured home shall have a minimum vertical rise of three (3) feet for each twelve (12) feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction in the City;
3. All roof structures shall provide an eave projection of no less than 12 inches, exclusive of any guttering;
4. The exterior siding shall consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low luster white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City;
5. The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in “Manufactured Home Installations, 1987” (NCS BCS A225.1), and installed on a permanent foundation under the perimeter of the Residential-Design Manufactured Home;
6. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and
7. When installed has substantially the appearance of an on-site, conventionally built, single-family dwelling.
Manufactured Home Park. Any parcel of land, consisting of at least five acres for which the owner or operator:
1. has obtained a use permitted upon review as provided for in these regulations,
2. has complied with all licensing provisions of the city code, and
3. meets all criteria established by the Manufactured Home Park Regulations set forth in these regulations upon which is located more than one manufactured home occupied for dwelling purposes, regardless of whether or not a charge is made for each and every accommodation.
Minivan: A smaller version of a full size van that is built on a car frame and usually used primarily for carrying persons and commonly having a seating capacity of seven (7), and a wheelbase of 110 inches.
Mobile Home: A structure or residence that is not in compliance with the federal manufactured home construction and safety standards that have been established pursuant to Section 4 of the National Manufactured Housing Construction and Safety Standards Act of 1974, codified, as amended, at 42 U.S.C. § 5403.
Motor Vehicle: Any automobile, truck, tractor, farm machinery or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time. For the purposes of this Section, the term "vehicle" not prefaced by the terms "motor," "commercial," "specially constructed" or "recreational" shall include any or all of the following, depending on the context and intended usage of that term: boat, hauling trailer, commercial vehicle, motor vehicle, recreational vehicle, or other watercraft.
Motorized Recreational Vehicle: A vehicle, also known as a motor home, which combines transportation and living quarters in one unit, ranging from a minivan up to a large bus size. It does not include the tractor portion of a highway tractor-trailer.
Nonconformance. A lawful condition of a structure or land that does not conform to the regulations of the district in which it is located. This term shall include but is not limited to failure to conform to regulations governing use, height, area, coverage, or off-street parking and is defined further below and in Section 8 of these regulations.
Nonconforming Lot: A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this ordinance, but which would be prohibited or further restricted under the terms of this ordinance.
Nonconforming Use. A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is located.
Nonconforming Buildings or Structures. Nonconforming buildings or structures shall be deemed to include any building or structure, designed and constructed primarily for a use permitted in the district in which it is located, that does not comply with the relevant regulations governing height, area, setback, etc. Only a building or structure that is both non-complying and devoted to a nonconforming use shall be regulated as a nonconforming use.
Parcel: A lot or contiguous group of lots in single ownership or under single control, usually considered a unit for purposes of development, which conforms to minimum lot requirements.
Parking Lot. An area devoted to off-street parking of five or more vehicles on any one lot for public or private use. For purposes of these regulations, the terms "parking lot’ and "parking area" are equivalent.
Parking Space: Size of Off-Street Parking Space. The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet wide by 18 feet long plus adequate area for ingress and egress.
Passenger Vehicle, Car, Passenger Van, Pickup Truck or Motorcycle: A vehicle that is licensed for use on public streets; is designed primarily for the transportation of people as opposed to equipment, freight or other vehicles; and is sold primarily to individuals for personal use. This includes automobiles commonly referred to as coupes, sedans, hatchbacks, station wagons, and convertibles, and other vehicles commonly referred to as minivans, passenger vans and pickup trucks. Vehicles which would otherwise meet this definition but which have had modifications to the interior of the vehicle, such as a full size van or minivan that has had the seats removed to allow the carrying of cargo, shall be deemed to be included within this definition. Vehicles which would otherwise meet this definition but which are carrying useful items commonly found in residential areas, such as ladders, saw horses, or building materials, shall be deemed to be included within this definition. Pickup trucks and vans which would otherwise meet this definition but which have had accessories, such as racks, storage boxes or shells, added to the vehicle shall be deemed to be included within this definition provided that the original exterior walls of the vehicle remain intact. Vehicles which would otherwise meet this definition but which have had external modifications to the structure or body, but not including cosmetic changes or common vehicle accessories, shall be deemed to be excluded from this definition. Vehicle modifications which are specifically excluded from this definition include aerial buckets or platforms (e.g. "cherry pickers"), welding equipment, and mechanical lifts or arms designed to assist in loading and unloading freight. Vehicle types which are specifically excluded from this definition include, but are not limited to, step vans, box vans, flatbed trucks, buses, semi-tractors and trailers, former military vehicles, cement mixers, construction equipment, and any vehicle with dual rear axles.
Permanent Foundation: A continuous, permanent masonry foundation or poured concrete wall, un-pierced except for required ventilation and access, in compliance with the Building Codes.
Plat. A map, plan or layout of a city, township, section, or subdivision, indicating the location and boundaries of individual properties.
Planning Commission. The City of Eudora Planning Commission.
Premises. A parcel together with all buildings and structures thereon.
Recreational Vehicle: A vehicular-type unit which is built on a chassis or for use on a chassis; is designed primarily as temporary living quarters for recreational or travel use; and has its own motive power or is mounted on or drawn by another vehicle. This definition shall be limited to vehicles originally manufactured and sold as recreational vehicles meeting the conditions listed above, limited to a folding camper trailer, a truck camper, a travel trailer, a fifth-wheel trailer, a motor home, or a motorized recreational vehicle; and minivans, full size vans or buses specifically modified to meet the three conditions listed above. This definition shall not include mobile homes or the tractor portion of a highway tractor-trailer. The exclusion of a highway tractor shall apply regardless of whether or not it was originally constructed with a sleeper unit or later modified for temporary living use.
Retail Sales and Service: Refers to the sale of commodities and services directly to customers, when such commodities and services are used or consumed by the customer and not purchased primarily for the purpose of resale. An establishment engaged in the sale or rental of goods and services.
Setback Line: The area designated within a lot or parcel where structures and other lot improvements are restricted by these regulations, or by a platted line.
Setback Line, Established: The distance extending across the full width or depth of a lot, the depth of which shall be measured between the building and the street line.
Setback Line, Front: The distance extending across the full width of a lot, the depth of which shall be measured between the required front line of the building and the street line.
Setback Line, Side: The distance extending across the full depth of a lot, the depth of which shall be measured between the required front lot line of the building and the street line.
Setback Line, Rear: The distance extending across the full width of a lot, the depth of which shall be measured between the required rear line of the building and the rear lot line.
Sign: Any object, device, display, or structure, or part thereof, that is used to advertise, identify, display, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Signs are accessory structures to the principal structure or use on a parcel.
Sight Triangle: An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-1/2 feet and 8 feet above the grades of the outside edge of the street surface of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets; except that, the consulting city engineer may establish greater sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).
Stockyard: A non-farm-based facility used or intended to be used for selling or holding livestock.
Street. Any public right-of-way other than an alley.
Street Line. The line separating the street right-of-way from the abutting property.
Street Network, Expressway: A street, which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
Street Network, Arterial: A street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
Street Network, Collector: A street, which provides for traffic movement between arterials and local streets, with direct access to abutting property.
Street Network, Local: A street, which provides direct access to abutting land and local traffic movement whether in business, industrial, or residential areas.
Temporary Portable Outdoor Storage Unit: A transportable, fully-enclosed, box-like container that is utilized in connection with a lawful principal or accessory use of the lot, designed for temporary storage of personal property household items, typically rented to owners or occupants of property for their temporary use, and delivered and removed by truck.
Total floor area: The square foot area of a building, including accessory buildings, measured from outside wall surfaces, and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.
Trailer: Every vehicle without motive power designed to carry property and to be drawn by a motor vehicle.
Transitional Living Facility: A state licensed group-care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement.
Travel Trailer: Every vehicle without motive power designed to be towed by a motor vehicle and designed and constructed to be used primarily for temporary living quarters for recreational purposes.
Truck Camper: means a detachable camping unit loaded onto, or affixed to the bed or chassis of an unmodified pickup truck or a detachable camping unit by itself.
Use Permitted on Review. A permit for certain uses specified in this Article issued by the city council, upon a recommendation of the planning commission, in accordance with these regulations.
Utility Trailer: A vehicle without motive power and containing only one (1) axle designed to carry property and to be drawn by a motor vehicle.
Variance: A variation from a specific requirement in this Ordinance, as applied to a specific piece of property, as distinct from zoning district amendment.
Vessel: A general term for any hollow structure made to float upon the water for purposes of navigation; especially, one that is larger than a common rowboat.
Watercraft: Any vessel or craft designed specifically and only for movement on the surface of the water, including boats and other small vessels.
Wind Energy Conversion System (WECS): A machine that converts the kinetic energy in the wind into a usable form commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.
Wireless Communication Facility: Comprehensive term describing the facilities covered by the location/design guidelines of these regulations including the following terms as defined herein: antenna, antenna array, equipment shelter, guyed tower, lattice tower, location, monopole, site, support structure, and tower.
Yard, Front. An open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere herein. On corner or external lots with street frontage of equal dimensions, the owner may choose either street frontage as the front yard, so long as the minimum requirements of this Article are observed.
Yard, Rear. An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Article.
Yard, Rear-Side. An open space extending from the side yards to the rear lot line and the rear yard to adjacent side yard lot lines, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Article.
Yard, Side. An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Article.
Yard, Side, Exterior. On a corner lot, a side yard abutting on a street.
Yard, Side, Interior. A side yard other than an exterior side yard.
Zone or District: A section of the Zoning Area for which uniform regulations governing the use, height, area, size, and intensity of use of structures, land, and open space are herein established.
Zoning Area: The area to be zoned as set out on the official Zoning Map filed of record.
Zoning Districts Map. A map or maps outlining the various zoning district boundaries of the City of Eudora.
Zoning Regulations: The term “zoning regulations” or “these regulations” shall mean the requirements stipulated in the regulations herewith attached, and shall mean the lawfully adopted zoning ordinances of the City of Eudora.
(1) No building or land shall hereafter be used or occupied, and no land shall be disturbed, and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.
(2) Where an application to the City of Eudora is required in this Article, such application shall be completed on official City of Eudora application forms.
(3) No building shall hereafter be erected or altered:
(a) To exceed the height;
(b) To accommodate or house a greater number of facilities;
(c) To occupy a greater percentage of lot area; or
(d) To have narrower or smaller rear yards, front yards, side yards, inner or outer courts, than is specified therein for the district in which such building is located.
(4) The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, living or boarding stables or dog kennels be so considered as agricultural uses.
(5) A residential garage may not house and store more than one truck or commercial vehicle which exceeds two tons of capacity as rated by the manufacturer.
(6) An existing parcel of land which is defined to be a lot need not be platted nor coincide with platted lines.
(7) No change of the land surface, including removing vegetative cover, excavation, filling, grading, and the construction of any structure shall be allowed without receipt of a Land Grading Disturbance Permit from the Codes Administrator.
(8) Mobile homes and manufactured homes that are not residential-design manufactured homes are considered nonconforming uses if located in other than a conforming manufactured home park: refer to Section 4, Additional Regulations.
(9) A half-story containing a separate dwelling unit shall be counted as a full story for the purpose of height regulations.
(10) On corner lots, the rear yard shall be opposite and most distant from the front yard.
(11) If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are lots of record at the effective date of the adoption of this Article and if all or part of the lots with no dwellings do not meet the requirements established in the district for lot area and width, the lands involved shall be considered to be an undivided parcel and lot of record for the purpose of this Article and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Article. Such parcel may be built upon provided all of the requirements of the zoning district are met or variances are granted.